14 C.F.R. PART 232—TRANSPORTATION OF MAIL, REVIEW OF ORDERS OF POSTMASTER GENERAL
Title 14 - Aeronautics and Space
Authority: 49 U.S.C. Chapters 401, 419.
Source: 41 FR 49479, Nov. 9, 1976, unless otherwise noted.
(a) Any person who would be aggrieved by an order of the Postmaster General issued under and within the meaning of section 41902 of the Statute may, within not more than 10 days after the issuance of such order, apply to the Department for a review thereof. (b) An application for review filed under this part shall be made in writing and shall be conspicuously entitled Application for Review of Order of the Postmaster General under section 41902 of the Statute. Except as otherwise provided in paragraph (c) of this section, such application for review shall specify: (1) The schedule affected and identity of the order complained of; (2) The manner in which the applicant is or would be aggrieved by the order; (3) The relief sought; (4) The facts relied upon to establish that the public convenience and necessity require that such order be amended, revised, suspended, or canceled by the Department; (5) An estimate of the total economic impact (including nonmail revenues) on the carrier of complying with the Postmaster General's order; (6) A history of the flight or flights in question and any predecessor flights cooperated in the market at or about the same hours, including when they were first operated and whether they have been operated continuously since that time: Provided, That this history need not extend beyond the last three years; (7) A detailed statement of the reasons for the schedule change, including copies of any economic data considered by carrier management in reaching that determination; (8) Any other schedule changes in the affected market which accompany the schedule change in question, or a statement to the effect that there are no such changes; (9) Monthly load-factor data on the flight or flights in question for the most recent twelve-month period; (10) Profit and loss data for the flight or flights in question for the most recent twelve-month period, provided that the data be submitted on a fully allocated cost by functional account number or by some other method in which costs are determined on a fully allocated basis and which is explained in complete detail; and (11) A statement indicating whether the carrier is willing to seatload sack mail on the flight or flights in question. (c) Where the application is for review of an order which does not involve disapproval, alteration, or amendment of a change or changes which a carrier sought to make in its own schedule(s), the application need not include items 6 through 11, inclusive, specified in paragraph (b) of this section. [41 FR 49479, Nov. 9, 1976, as amended by Docket No. 47939, 57 FR 40102, Sept. 2, 1992; 60 FR 43524, Aug. 22, 1995] (a) Any interested person may, within not more than ten days after the filing of an application for review, serve and file with the Department an answer in opposition to, or in support of, such applications. Such answer shall set forth the economic data and other facts upon which it is based. (b) An answer of the Postmaster General or U.S. Postal Service shall contain the following particular information, where applicable: (1) The Postal Service's critical time frame for the movement of the mail in question together with a detailed explanation of the operational factors which support that estimate; (2) The alternate air and surface services (including air taxi service) available in the market in question together with a statement of the costs of using such alternate services and, where appropriate, an explanation of why such services are unacceptable; (3) An estimate of the average amount and expected actual density of mail which will be tendered to the carrier if the order in question is upheld; (4) An estimate of the amount and type of containers which will be tendered to the carrier if the order in question is upheld; (5) The volume (including density of mail, amount and types of containers) of mail historically carried on the flight or flights in question; (6) An estimate of the volume (including density of mail, amount and types of containers) of mail historically carried on the flight or flights in question which could be accommodated on other flights serving the market without significant impairment of service under the mail delivery time standards of the Postal Service, together with an explanation of how that estimate was computed; and (7) An estimate of the impact of the flight or flights in question on mail delivery time standards of the Postal Service, together with an explanation of how that estimate was computed. [41 FR 49479, Nov. 9, 1976, as amended by Docket No. 47939, 57 FR 40102, Sept. 2, 1992] Any interested person may, within not more than seven days after the filing of an answer to an application for review, serve and file with the Department a reply in opposition to, or in support of, such answer. [41 FR 49479, Nov. 9, 1976, as amended by Docket No. 47939, 57 FR 40102, Sept. 2, 1992] (a) Any person who would be aggrieved by an order of the Postmaster General within the meaning of section 41902 of the Statute may, within not more than four calendar days after the issuance of such order, apply to the Department for a postponement of the effective date of that order pending review: Provided, That if the final day of the four day period is a Saturday, Sunday, or holiday for the Department, the application may be filed with the Department no later than the end of the next day which is neither a Saturday, Sunday, or holiday. (b) An application for postponement of the effective date filed under this part may be made in writing or by telegram, and shall be conspicuously entitled Application for Postponement of the Effective Date of Order of the Postmaster General Pending Review Under section 41902 of the Statute. Such application for postponement shall specify: (1) The schedule affected and identity of the order complained of; (2) The manner in which the applicant is or would be aggrieved by the order; (3) The relief which will be sought; (4) That the applicant intends to file a timely application for review of the order under §232.1; and (5) A summary of the justification and facts relied upon to establish that the stay should be granted. (c) Any interested person may, within not more than four calendar days after the service of an application for postponement of the effective date, serve and file with the Department an answer in opposition to, or in support of, the application: Provided, That if the final day of the four day period is a Saturday, Sunday, or holiday for the Department, the application may be filed with the Department no later than the end of the next day which is neither a Saturday, Sunday, or holiday: Provided further, however, That the Department need not consider any answer filed later than eight calendar days after issuance of the Postmaster General's order. [41 FR 49479, Nov. 9, 1976, as amended by Docket No. 47939, 57 FR 40102, Sept. 2, 1992; 60 FR 43524, Aug. 22, 1995] (a) An application, answer or reply filed hereunder shall be deemed to have been filed on the date on which it is actually received by the Department at its offices in Washington, D.C. (b) At the time a written or telegraphic application, answer, or reply is filed under this part, a copy thereof shall be served by personal service, registered mail, or telegraph upon the Postmaster General and upon the air carrier operating or ordered to operate the mail service in question. Except in the case of telegraphic delivery each copy so served shall be accompanied by a letter of transmittal stating that such service is being made pursuant to this section. In the case of telegraphic delivery the copy shall be accompanied by a telegraphic statement that service is being made pursuant to this section. (c) The execution, number of copies, and verification of a written application, answer, or reply filed under this part, and the formal specifications of papers included in such application, answer, or reply shall be in accordance with the requirements of the Rules of Practice relating to applications generally (see part 302 of this chapter). [41 FR 49479, Nov. 9, 1976, as amended by Docket No. 47939, 57 FR 40102, Sept. 2, 1992]
Title 14: Aeronautics and Space
PART 232—TRANSPORTATION OF MAIL, REVIEW OF ORDERS OF POSTMASTER GENERAL
Section Contents
§ 232.1 Applications for review.
§ 232.2 Answers to applications for review.
§ 232.3 Replies to answers to applications for review.
§ 232.4 Applications to postpone the effective date of an order of the Postmaster General; answers thereto.
§ 232.5 Filing and service of applications, answers, and replies.
§ 232.1 Applications for review.
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§ 232.2 Answers to applications for review.
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§ 232.3 Replies to answers to applications for review.
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§ 232.4 Applications to postpone the effective date of an order of the Postmaster General; answers thereto.
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§ 232.5 Filing and service of applications, answers, and replies.
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